[Tovarish Spetsnaz]

CONSTITUTION OF THE PEOPLE'S SOCIALIST REPUBLIC OF ALBANIA

A - Article


THE SOCIAL ORDER - THE POLITICAL ORDER

A1: Albania is a People's Socialist Republic

A2:The People's Socialist Republic of Albania is a State of the
Dictatorship of the Proletariat, which expresses and defends the
interests of all the working people. The People's Socialist republic
of Albania is based on the unity of the people round the Party of
Labour of Albania and it has as its foundation the alliance of the
working class with the cooperative peasantry under the leadership of
the working class.
of
A3: The Party of Labour of Albania, the vanguard of the working
class, is the sole leading political force of the state and the
society. In the People's Socialist Republic of Albania the dominant
ideology is Marxism-Leninism. The entire Socialist social order is
developed on the basis of its principles.

A4: The People's Socialist Republic of Albania unceasingly develops
the revolution by adhering to the class struggle and aims at ensuring
the final victory of the Socialist road over the Capitalist road, at
achieving the complete construction of Socilaism and Communism.

A5: All State power in the People's Socialist Republic of Albania
derives from and belongs to the working people. The working class,
the cooperative peasantry and the other working people exercise their
state power through the representative organs as well as directly.
The representative organs are the People's Assembly and the People's
Councils. No one else apart from the organs expressly defined in this
constitution can exercise the sovereignity of the people and any of
its attributes in the name of the People's Socilaist republic of
Albania.

A6: The representative organs direct and control the activity of all
the other state organs, which are responsible to them and render
account to them.

A7: In all their work, the representative organs and other state
organs rely on the creative inititaive of the amsses of the working
people, draw them into running the country, and render account before
them.

A8: The representative organs are elected by the people through
universal suffrage with equal, direct and secret voting. The electors
have the right to recall their represtative at any time when he has
lost their political trust, when he does not fulfil the tasks he is
charged with, or when he acts in contravention of the laws. The
organization and procedure in holding elections are regulated by law.

A9: Officials serve the people and render account before them,
participate directly in work in production, and are paid salaries in
fiar ratio with those of the workers and cooperativists, with the aim
of preventing the creation of a privileged stratum. The pay-ratio is
set by law.

A10: Under the leadership of the Party of Labour of Albania, the
working class, as the leading class of the society, the cooperativist
peasantry, as well as the other working people, exercise direct and
organizational control over the activity of state organs, economic
and social organizations and their workers, for the purpose of
defending the victories of the revolution and strengthening the
socialist order.

A11: The organization of the state and state activity, all the
political and economic life in the People's Socialist Republic of
Albania are based on the principle of democratic centralism and
develops according to it, combining initiative of local organs and
the masses of the working people, in struggle against bureacracy and
liberalism.

A12: The precise and equal implementation of the Constitution and
laws, which expresses the will of the working class and the other
masses of the working people is obligatory in all the activity of the
state organs, economic and social organizations and officials.

A13: The state relies on the social organizations, cooperates with
them, and creates conditions for the development of their activity.
The social organizations unite the masses and broad starta of the
people, draw them, in an organized way, into the running of the
country, the socialist construction and the defence of the country,
work for their communist eductaion and take care of the solution of
their individual problems.

A14: In the contrsuction of socialism, the People's Socialist
Republic of Albania relies mainly on its own forces.

A15: In foreign relations, the People's Socialist Republic of Albania
proceeds from the principles of Marxism-Leninism and proletarian
internationalism, follows the policy of friendship, collaboration,
and mutual assistance with the Socialist states, supports the
revolutionary movement of the working class and the struggle of the
people's for freedom, independence, social progress and socialism and
relies on their solidarity. The People's Socilaist Republic of
Albania is for peace and good naieghbourliness, for relations with
all states on the basis of equality, respect for sovereignity, non-
interference in internal affairs and mutual benefit. The People's
Socialist Republic of Albania opposes any form of aggression,
colonial exploitation, tutelage, dictate and hegemony, national
oppression and racial discrimination of all peoples, the exercise of
full national soverignity and equality of all countries in
international relations.

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THE ECONOMIC ORDER

A16:The economy of the People's Socialist Republic of Albania is a
Socialist economy whihc is based on the socialist ownership of the
means of production. In the People's Socialist Republic of Albania
there are no exploiting classes, private property and the
exploitation of man by man have been liquidated and are forbidden.

A17:The Socialist property is the inviolable basis of the Socialist
order, the source of the wellbeing of the people and of the might of
the homeland; it has special protection from the state. Socialist
property is comprised of the state property and the cooperativist
property in agriculture.

A18: State property belongs to the whole people and is the highest
form of Socialist property. The following are the property of the
state alone: the land and underground riches, the mines, forests,
parstures, waters, natural energy resources, the plants, factories,
machines and tractor stations, the banks, the roads of communication
and means of rail, water and air transport, post, telegraph,
telephone offices, radio and TV stations, cinematography.

Any other wealth which is created in the state sector or which the
state gains according to law, si also state property.

A19: Land is granted for social use to the economic enterprises and
state institutions, to the agricultural cooperatives and social
organizations, and for the personal use of individual citizens. Land
is granted for use free of charge. Agricultural land may be used for
other purposes only with the consent of the respective state organs.

A20:Protection of the land, natural riches, waters and the atmosphere
from damage and pollution is a duty of the state, of the economic and
social organizations, and of all citizens.

A21: Cooperativist property belongs to the group of working people of
the countryside, voluntarily united in the agricultural cooperative
for the purpose of increasing production and wellbeing, for the
construction of Socialism in the countryside and throughout the
country. The following are property of the agricultural cooperative:
buildings, machines, equipment, means of transport, tools and
implements, livestock for work or production, fruit trees,
agricultural and livestock products, as well as other means necesary
for its activity.

A22:The state supports the development and strengthening of the
agricultural cooperatives, their transformation into modern economies
of large scale Socialist production. Under certain circumstances, the
state supports the setting up and development of higher-type
cooperatives, in which it participates directly with investments,
especailly in the main means of production.

The transition of the cooperativist property into property of the
entire people is done in conformity with the objective conditons,
according to the free will of the cooperativists and with the consent
of the state. The state works for the narrowing of distinctions
between town and country.

A23: The personal property of the citizens is recognized and
protected by the state. Personal property are: income from work and
other lawful source, dwelling houses and other objects which serve to
meet personal and family material and cultural needs. The objects
belonging to the coperativist families on the basis of the
Constitution of the agricultural cooperative are also pewrsonalm
property. Personal property cannot be used to the detriment of the
social interest.

A24: When the general interest requires it, certain fixed assets of
the cooperativists and personal property may be converted into state
property. The criteria of conversion and the method of payment are
fixed by law.

A25: The state organizes, manages and develops all the economic and
social life by a unified general plan in order to fulfil the ever
increasing material and cultural needs of the society, to strengthen
the independence of the country and defence by constantly increasing
and perfecting socialist production on the basis of advanced
technology.

A26: For the administration of means which are property of the whole
people, the state creates economic enterprises which carry on their
activity guided by the general interests of the society which is
expressed in the state plan. The method of the creation of
enterprises and the principles of their activity are fixed by law.

A27: Foreign trade is a monopoly of the state. Domestic trade is
mainly carried out by the state, which has every activity in this
field under its control. The selling prices of the products of the
enterprises as well as the prices for state purchase of agricultural
and livestock products are fixed by the state.

A28: The granting of concession to, and the creation of, foreign
economic and financial companies and other institutions or ones
formed jointly with bourgeois and revisionist capitalist monopolies
and states, as well as obtaining credits from them, are prohibited in
the People's Socialist Republic of Albania.

A29: Work is the foundation of the entire economic-social life of the
country. Work is the main source from which every citizen ensures the
means of livlihood. The state works to narrow the differences between
mental and physical labour, between work in industry and work in
agriculture. The state takes care of and adopts measures for safety
at work and the qualification of the working people.

A30: In the People's Socialist Republic of Albania, the Socialist
principle ' from each according to his ability, to each accordin to
his work' is implemented. Equal pay is guaranteed for equal work. To
encourage work for the maximum results, the use of material stimuli
is combined correctly with moral stimuli, giving priority to moral
stimuli. The fund of social consumption for the fulfilment of the
common needs of citizens is increased continually in accordance with
the possibilities created by the development of the country's
economy. The state exercises control over the amount of work and
consumption.

A31: The citizens pay no levies or taxes whatsoever.

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EDUCATION, SCIENCE, CULTURE

A32: The state carries out extensive ideological and cultural
activity for the communist education of the working people, for the
moulding of the new man. The state takes special care of the all-
round development and education of the younger generation in the
spirit of socialism and communism.

A33: Education in the People's Socialist Republic of Albania is
organized and run by the state, is open to all and free of charge; it
is built on the basis of the Marxist-Leninist woorld outlook and
combines lessons with productive work and physical and military
training. Education follows the best traditions of the Albanian
national secular school.

A34: The state organizes and directs the development of science and
technology in close connection with life and production in the
service of the progress of society and defence of the homeland. The
state supports the dissemination of scientific knowledge among the
masses and drawing them extensively into scientific reasearch
activity.

A35: The state protects the cultural heritage of the people and cares
for the all-round development of the socialist national culture. The
state supports the development of the literature and art of socialist
realism, which uphold the ideals of socialism and communism and are
permeated by the national and people's spirit.

A36: The state works for the development of physical culture and
sports on the basis of the mass movement for the strengthening of the
health of the people, especially of the younger generation, for
tempering them for work and defence.

A37: The state recognizes no religion whatsoever and supports atheist
propaganda for the purpose of inculcating the scientific materialist
world outlook in people.

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THE FUNDAMENTAL RIGHTS AND DUTIES OF CITIZENS

A38: Citizens of the People's Socialist Republic of Albania are those
who have Albanian citizenship according to the law.

A39: The rights and duties of citizens are built on the basis of the
reconciliation of the interests of the individual and the Socialist
society, giving priority to the general interests. The rights of the
citizens are inseparable from the fulfilment of their duties and
cannot be exercised in opposition to the Socialist order. The further
extension and deepening of the rights of citizens are closely linked
with the socialist development of the country.

A40: All citizens are equal before the law. No restriction or
privilege is recognized on the rights and duties of citizens of sex,
race, nationalisty, education, social position or material situation.

A41: The women, liberated from political oppression and economic
exploitation, as a great force of the revolution, takes an active
part in the Socialist construction of the country and the defence of
the homeland. The woman enjoys equal rights with man in work, pay,
holidays, social security, education, in all social-political
activity, as well as in the family.

A42: Protection and development of their people's culture and
traditions, the use of their mother tongue and teaching of it in
school, equal development in all fields of social life are guaranteed
for national minorities. Any national privilege and inequality and
any act which violates the rights of national minorities is contrary
to the constituion and is punishable by law.

A43: Citizens who reach the age of 18 years have the right to elect
and to be elected to all the organs of state power. The only persons
excluded from electoral rights are those deprived of them by decision
of the court and those who are mentally incompetent and declared as
such by the court.

A44: In the People's Socialist Republic of Albania, citizens have the
right to work,which is guaranteed by the state. Work is a duty and
honur for every able-bodied citizen. Citizens have the right to
choose and exercise their profession according to their capacity and
personal inclination, and in accordance with the needs of society.

A45: Citizens enjoy the right of rest after work. The working day and
working week and the paid annual holiday are regulated by law. Rest
homes, houses of culture, and other centres of this kind are created
for and are in put in service of, the working people.

A46: Citizens of towns and country are guaranteed the necesary
material means of livelihood in old age, in case of illness or loss
of ability to work. The state takes special care of the invalids of
the National Liberation War, of the struggle in defence of the
homeland and invalids from work, and creates the conditions for their
rehabilitation. The young children of those fallen in defence of the
country and in the Socialist construction are under the care of the
state.

A47: The state guarantees to citizens the necessary medical services
as well as medical treatment in the health centres of the country,
free of charge.

A48: Mother and child enjoy special solicitude and protection. A
mother is entitled to paid leave prior to and after childbirth. The
state opens maternity homes and creches and kindergartens for the
children.

A49: Marriage and the family are under the care and protection of the
state and society. marriage is contracted before competent state
organs. The parents are responsible for the upbringing and communist
education of the children. The children are duty bound to care for
parents who are disbaled and lack the necessary means of livelihood.
Children born out of wedlock have the same rights and duties as
children born within marriage. The children bereaved of the parents
and without support are brought up and educated by the state.

A50: Citizens enjoy the right to personal property. The right of
inheritance is regulated by law.

A51: The state guarantees the freedom of scientific work and literary
and artistic creativeness. Author's rights are protected by law.

A52: Citizens have the right to education. Eight-grade education is
universal and compulsory. The state aims at raising the level of
comp;ulsory education for everybody.

A53: Citizens enjoy freedom of speech, the press, organization,
association, assembly and public-manifestation. The state guarantees
the realization of these freedoms, it creats the conditions for them,
and makes available the necessary material means.

A54: The right to join various organizations which operate in the
political, economic, cultural as well as in any other field of the
country's life, is guaranteed to the citizens.

A55: The creation of any type of organization of a fascist, anti-
democratic, religious, and anti-Socialist character is prohibited.
fascist, anti-democratic, religious, war-mongering, and anti-
Socilaist activities and propaganda, as well as the incitement of
national and racial hatred are prohibited.

A56: The state guarantees the inviolability of the person. Nobdoy can
be arrested without the decision of the court or the approval of the
prosecutor. In special cases envisaged in the law the competent
organs can detain a person for a maximum of 3 days. Nobody can be
sentenced penally without the verdict of the court or for an act
which is not envisaged by the law as a crime. Nobody can be sentenced
without being present at court apart from when it has been legally
proved that he is missing. Nobody can be interned or expelled except
in special cases envisaged by the law.

A57: The home is inviolable. No one is permitted to enter another
person's home without the approval of the respective person, apart
from representatives of the competent state organs and under the
conditions defined by the law.

A58: The secrecy of correspondence and other means of communication
cannot be violated, except in the cases of investigation of a crime,
a state of emergency, or of war.

A59: Citizens enjoy the right to make requests, complaints, remarks
and proposals to the competent organs over personal, social, and
state affairs. According to the conditions defined by law, citizens
have the right to deman compensation from the state or its officials
for the damage caused by the illegal activities of the state organs
and its employees in the exercise of their duty.

A60: The citizens are obliged to respect and implement the
constitution and other laws. The preservation and strengthening of
the Socialist order and the implementation of the rules of socialist
so-existence are a duty for all citizens.

A61: Citizens have the duty to protect and strengthen Socialist
property. Violation of Socialist property constitutes a grave crime.

A62: The defence of the Socialist Homeland is the supreme duty and
the greatest honour for all citizens. Betrayal of the Homeland is the
most serious crime.

A63: Military service and the constant training for the defence of
the Socialist Homeland are duties for all the citizens.

A64: Albanian citizens living abroad enjoy the care and are under the
protection of the state.

A65: The right of sancturay in the People's Socialsit Republic of
Albania is granted to foreign citizens who are persecuted on account
of their activity in favour of the revolution and socialism, of
democracy and national liberation, or the progress of science and
culture.

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THE SUPREME ORGANS OF THE STATE POWER

A66:The People's Assembly is the supreme organ of state power, the
bearer of the sovereignty of the people and the state and the state
law making organ.

A67:The People's Assembly has the following main competences: it
defines, in conformity with the general line and the orientations of
the Party of Labour of Albania, the main directions of the internal
and external policies of the state; it approves and amends the
constitution and interprets the laws; it approves the plan for the
economic and cultural development of the country and the state
budget; it proclaims partial and general mobilization, the state of
emergency, as well as the state of war in case of armed aggression
against the People's Socialist Republic of Albania, or when this is
necessary to fulfil the obligation deriving from international
treaties; it ratifies and denounces international treaties of special
importance; it grants amnesty; it decides on popular referendums; it
elects, appoints, and dismisses the Presidium of the People's
Assembly, the Council of Ministers, the Supremem Court, the Attorney
general and his duputies. These organs are responsible to the
People's Assembly and render account to it; it defines the
administrative territorial structure; it decides on the creation or
dissolving of ministries.

A68: The People's Assembly is comprised of 250 deputies who are
elected in constituences with an equal number of inhabitants. The
People's Assembly is elected for a term of 4 years. The People's
Assembly holds its first session no later than two months from the
day of its election. The elections to the people's Assembly are held
no later than three months from the day its mandate ends. In case of
war or in similar states of emergency, the People's Assembly may
continue its activity beyond the normal term as long as the state of
emergency continues. In special instances, the People's Assembly may
decide its dissolution before the completion of the term for which it
has been elected.

A69: The People's Assembly elects its Presidential Council. The
activity of the People's Assembly is carried out according to the
rules approved by it.

A70: The People's Assembly meets in normal session twice per year by
decree of the Presidium of the People's Assembly. The People's
Assembly may be summoned in extraordinary session by decree of the
Presidium of the People's Assembly or at the request of one-third of
the deputies. The meetings of the People's Assembly open when the
majority of the deputies are present.

A71: The People's Assembly elects from its ranks permanent and
temporary commissions. At its first session the People's Assembly
elects a commission for the examination of the mandates of the
deupties. At the proposal of this commission the People's Assembly
confirms or annuls the mandates of the deputies. The permanent
commissions have the duty to examine the bills and decrees of a
normative character of the Presidium of the People's Assembly, to
observe and control the activity of the state organs according to
their respective sectors and to present problems to the People's
Assembly or the Presidium of the People's Asembly. The temporary
commissions are created for special questions.

A72: It is the duty of the deputy to the People's Assembly to serve
the interests of the people, and the cause of the homeland and
socialism conscientiously and loyally, to maintain close contact with
his electors, and render account to them.The deputy to the People's
Assembly has the right to demand explanations from the state organs
and to intervene with them for the precise implementation of the
constitution and laws. The state organs are obliged to examine the
requests and proposals by the deputies and to reply to them within
defined regulations.

A73: The deputy to the People's Assembly enjoys immunity. The deputy
cannot be detained, arrested, or suffer penal punishment, without the
approval of the People's Assembly or the Presidium of the People's
Assembly, apart from cases in which a grave crime has obviously been
committed.

A74: The right to initiate legistlation belongs to the Presidium of
the People's Assembly, to the Council of Ministers, and the deputies.
The laws and other acts of the People's Assembly are considered
approved when a majority of the deputies present have voted for them.
The laws are proclaimed no later than 15 days after their approval
and enter into force 15 days after proclamation in the offical
Gazette, apart from occasions when they themselves envisage otherwise.

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THE PRESIDIUM OF THE PEOPLE'S ASSEMBLY

A75: The Presidium of the People's Assembly is a superior organ of
the state power with permanent activity. The presidium of the
People's Assembly is comprised of the president, 3 vice-presidents,
the secretary and 10 members.

A76: The Presidium of the People's Assembly is elected from the ranks
of the People's Assembly at its first session and it continues its
activity till the election of a new Presidium. Decisions of the
Presidium of the People's Assembly are taken on a majority of votes
when a majority of its members are present.

A77: The Presidium of the People's Assembly has three main permanent
competences: it convenes the sessions of the People's Assembly; it
sets the date of elections to the People's Assembly and the People's
Councils; it awards decorations and titles of honour; it accords or
revokes Albanian citizenship and accepts the renounciation of it; it
exercises the right of pardon; it defines the territorial-
administrative divisions; it enters into, international treaties and
ratifies and denounces those which are not examined by the People's
Assembly itself; on the proposal of the Council of Ministers it
appoints or dismisses diplomatic representatives; it accepts the
credentials and the letters of recall of the diplomatic
representatives of foreign states; it proclaims the laws and
referendums decided by the People's Assembly.

A78: Between sessions of the People's Assembly, the Presidium of the
People's Assembly exercises these competences: it controls the
implementations of the laws and decisions of the People's Assembly;
it controls the Council of Ministers, the Supreme Court, the Attorney
General and other state organs, and summons them to report; it
appoints or dismisses vice-chairmen of the Council of Ministers or
individual ministers on the proposal of the Chairman of the Council
of Ministers; it appoints or dismisses individual members or the vice-
presidents of the Supreme Court and the deputies of the Attorney
General. In each case the decrees for their appointments or dismissal
must be approved by the People's Assembly at its next session; it
makes interpretations of laws and presents them for approval to the
People's Assembly at its next session.
When convening of the People's Assembly is impossible, it proclaims
partial or general mobilization, the state of emergency, as well as
the state of war in case of armed aggression against the People's
Socialist Republic of Albania, or when this is necessary to fulfil
the obligations deriving from international treaties. In time of war,
in case the convening of the People's Assembly is impossible, the
Presidium of the People's Assembly exercises all the competences of
the People's Assembly apart from changes in the constitution.

A79: The Presidium of the People's Assembly directs and controls the
activity of the People's Councils. The Presidium of the People's
Assembly may disband People's Councils, appoint the respective
temporary Executive Committees, as well as decide on the election of
a new People's Council. The Presidium of the People's Assembly
abrogates the unlawful or irregular acts of the Council of Ministers,
of the People's Councils and of the Executive Committees.

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THE SUPREME ORGANS OF THE STATE ADMINISTRATION

A80: The Council of Ministers is the supreme executive and
administrative organ. The Council of Ministers is appointed at the
first session of the People's Assembly. The Council of Ministers
comprises the chairman, the vice-chairman and the ministers. As a
rule, the members of the Council of Ministers are appointed from
among the ranks of the deputies to the People's Assembly. The
decisions of the Council of Ministers are taken on the majority of
votes, when the majority of its members are present.

A81: The Council of Ministers has the following main competences: it
directs the activity for the realization of the internal and external
policies of the state; it promulgates decisions, ordinances and
instructions on the basis of the constitution and the laws and for
their implementation; it directs and controls the activity of the
ministries, other central organs of state administration and the
executive committees of the People's Councils, and defines their
internal organization; it works out the draft plan for the economic
and cultural development of the country, the draft budget of the
state, organizes and controls the implementation of the plan and the
budget, directs and organizes the finances of the state and the
monetary and credit system; it directs the activity for the
fulfilment of duties in the field of the defence of the country, in
conformity with the decisions of the Defence Council; it takes
measures for the security, protection and strengthening of the
socialist juridical order and the rights of citizens; it enters into
and approves international agreements and dencounces those
international agreements not subject to ratification.

A82: The Council of Ministers abrogates the unlawful or irregular
acts of the ministries and other central organs of the state
administration and of executive committees of the People's Councils.
The Council of Ministers suspends the implementation of unlawful or
irregular decisions of the People's Councils, and presents the
question of their abrogation to the higher People's Council, or the
Presidium of the People's Assembly.

A83: The Presidium of the Council of Ministers comprises the Chairman
and the vice-chairmen of the Council of Ministers. The Presidium of
the Council of Ministers supervises, controls and takes decisions on
the implementation of tasks set by the Council of Ministers. The
Chairman of the Council fo Ministers represents the Council of
Ministers, presides over the meetings and directs it activity.

A84: The ministries are central organs of the state administration,
specialized in particular branches of activity, which directed by
members of the Council of Ministers.

A85: The ministries are responsible for the activity of their
respective ministries, they direct and control the organs,
enterprises, institutions and economic organizations of their sector.
On matters within their competences, the ministers issue orders,
rules and instructions according to the laws, ordinances and
decisions of the Council of Ministers, and for their implementation.

A86: The ministers abrogate the unlawful or irregular ordinances and
instructions of the organs, enterprises or institutions dependent on
them and suspend the application of the unlawful or irregular
decisions of the Executive Committees of the People's Councils, which
have to do with their respective sphere of activity, representing the
question of their abrogation to the Council of Ministers.

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THE DEFENCE OF THE COUNTRY AND THE ARMED FORCES

a87: The state safeguards the victories of the people's revolution
and the socialist construction, defends the freedom, natuional
independence and territorial integrity of the country. The territory
of the people's Socialist Republic of Albania is inalienable and its
borders are inviolable.

A88: The defence of the Homeland and the victories of socialism is
ensured by the armed people organized in the Armed Forces, which
comprise the People's Army, the forces of the Ministry of Internal
Affairs and the People's Voluntary Self Defence forces. The People's
Army, as the main force for the defence of the Homeland, si the army
of the people and serves the people. The armed forces are led by the
Party of Labour of Albania.

A89: The Defence Council is created to direct, organize and mobilize
all the forces and resources of the country in defence of the
Homeland. The First Secretary of the CC of the PLA is the Commander
in chief of the Armed Forces and Chairman of the Defence Council. The
composition of the Defence Council is defined by the Presidium of the
People's Assembly on the proposal of the chairman of the Defence
Council.

A90: NO one has the right to sign or accept, in the name of the
People's Socialist Republic of Albania, the capitulation of the
country. Any such act is condemned as treson to the country.

A91: The establishment of foreign military bases and the stationing
of foreign troops in the territory of the people's Socialist republic
of Albania is prohibited.

THE LOCAL ORGANS OF STATE POWER

A92: The people's Councils are organs of the state power, which carry
out the governing of the country in the respective territorial
administrative units, with the broad participation of the working
masses. The People's Councils direct all social life in the
political, social-cultural fields, the defence of the country and the
protection of the socialist juridical order, reonciling the local
interests with the general state interests. The People's Councils are
elected for a term of three years.

A93: The people's Councils adopts the local plan and budget; from its
members it elects the Executive Committee and the Commissions of the
Council and discharges them; it appoints and discharges the chiefs of
the sections of the Executive Committee; it directs and controls the
activity of the people's Councils at lower levels. It issues
ordinances and decisions within its competences.

A94: The meetings of the People's Councils open when the majority of
its members are present. The decisions of the people's Councils are
taken on the majority of votes of members present.

A95: A higher People's Council may dissolve a lower level People's
Council, appoints the provisional Executive Committee and decides on
the elections for a new People's Council. A higher People's Council
may dismiss the Exective Committee of a lower level People's Council
and order a new election. The People's Council abrogates the unlawful
or irregular acts of its Executive Committee, of the lower level
People's Council and the respective Executive Committee.

A96: It is the duty of the members of the people's Council to serve
the people conscientiously and loyally, to maintain close ties with
the electors and render account to them. they have the right to
control the state organs, enterprises, institutions and agricultural
coopewratives and demand from them the precise implementation of the
Socialist law. The respective state organs are obliged to examine the
remarks of the members of the people's Councils and take the
necessary measures. The members of the People's Councils enjoy
immunity within the territorial unit under the administration of the
People's Council. They cannot be detained, arrested or subjected to
penal prsecution without the consent of the People's Council or the
Executive Committee in cases when a grave crime has obviously been
committed.

A97: The Executive Committee is the executive and administrative
organ of the People's Council. The Executive Committee continues its
activity even after the expiration of the mandate of the people's
Council which has elected it, until the first meeting of the new
People's Council.

A98: Between sessions of the People's Council, the Executive
Committee exercises the rights and duties of the people's Council,
with the exeption of those which, by law, come within the competences
of the People's Council alone. The Eexecutive Committee renders
account to the People's Council about its activity, presents its more
important decisions for approval, and reports on the implementation
of decisions of the People's Council.

A99: The Executive Committee of the People's Council is dependent on
the People's Council which has elected it and the next higher
administrative executive organ. The Executive Committee of a higher
People's Council abrogates the unlawful and irregular acts of a lower
level Executive Committee and suspends those of a lower level
People's Council, presenting the question of their abrogation to the
competent People's Council.

A100: The specialized organs created under the Executive Committees
are dependent on the People's Council, its Executive Committee and
the higher organs of the state administration, redner account to them
and to the masses of the working people.

[Tovarish Spetsnaz]

THE PEOPLE'S COURTS

A101: The People's Courts are the organs which administer justice.
The People's Courts protect the Socialist juridical order, fight for
prevention of crimes, educate the masses of working people to respect
and implement the socialist law, relying on their active
participation. At the head of the organs of justice is the Supreme
Court which directs and controls the activity of the courts. The
Supreme Court is elected at the first session of the people's
assembly. The other People's Courts are elected by the people,
according to the method defined by law. Court organization and trail
procedure are defined by law.

A102: The courts judge penal and civil cases and other cases which
are within their competences, according to the law. Judgement is done
with the participation of assistent judges and in public sittings,
with the exception of cases when it has been decided otherwise by
law. During the trial the Albanian language is used. Persons who do
not know Albanian may use their own language and speak through an
interpreter. The accused enjoys the right of defence.

A103: The court is independent in its judgement of a case, it takes
its decisions on the basis of the law alone, and it pronounces its
verdict in the name of the people. The verdict may be annulled or
amended only by the competent higher court.

THE ATTORNEY GENERAL'S OFFICE

A104: The duty of the Attorney General's office is to control the
precise and uniform implementation of the laws by the ministries and
other central and local organs, by the courts, the organs of
investigation, enterprises, institutions, organizations, officials
and citizens. the Attorney General's Office has the right to protest
against every illegal act and to demand from the respective organs
its abrogation or amendment. The request of the Attorney general must
be examined within the period defined by law, otherwise the
implementation of the act is suspended.

A105: The Attorney General puts before the People's Assembly and
before the Presidium of the People's Assembly cases in which the laws
and decrees are not in conformity with the constitution, and it also
puts before the Council of Ministers cases in which its decisions and
instructions do not conform with the law.

A106: The ATTorney general and his assistents are appointed at the
first session of the People's Assembly. The Attorneys are appointed
by the Presidium of the People's Assembly.

THE EMBLEM, THE FLAG, THE CAPITAL CITY

A107: The emblem of the People's Socialist Republic of Albania bears
a black, double-headed eagle, encircled by two sheaves of wheat with
the five-pointed red star at the top and which are tied at the bottom
with a red ribbon, on which the date "24th May 1944" is inscribed.

A108: The state flag of the People's Socialist republic of Albania
presents a red background with a black double-headed eagle in the
middle, above which there is a five-pointed red star, outlined in
gold. The ratio between the width and the length of the flag is 1*1.4

A109: The capital of the People's Socialist Republic of Albania is
Tirana.

FINAL DISPOSITIONS

A110: The constitution is the fundamental law of the state. All
activity for the creation of juridical norms is conducted on the
basis of the constituion and in complete conformity with it.

A111: proposals for amendments to the constituion can be presented by
the Presidium of the People's Assembly, the Council of Ministers, or
by two-fifths of the deputies. Approval of, or amendments to, the
constituion are done by the People's Assembly by a majority of two-
thrids of all the deputies.

A112: This constituion comes into force immediately.

[jaakko]

Thanks! I've received this via the 'Enver Hoxha' -list, and now I don't have keep them on my account. Oh well... guess I was just too lazy to copy&paste them into a word file. Is that the whole constitution or should I wait for more?

[Adrien]

Well, if you look at the last article it seems that Comrade Spetsnaz posted it in its entirety. Anyway that's very interesting (a constitution is always an interesting curiosity, especially a Socialist one) and maybe Fox could add it to the Documents section, along with the consitution of France which must be still around in the basement i think.

[Siberian Fox]

What date did this constitution come into effect? And when (if) was it superceded by a new constitution?

[Tovarish Spetsnaz]

Yes it is complete...

The constitution was addopted in 1948...and repealed in 1991. From 1991 to 1998 Albania had no constitution...because it glorious democratic leaders pushed it off...allowing them to do what they wanted.

[CasX]

Sounds just fine for a soviet constitution if it was implemented properly. Sadly, many of the constitutions, (like Stalin's infamous 1936 one) are simply for foreign consumption, and change little or nothing within the actual state itself. Again, another good example is the 1936 Soviet Constitution. Supposed to be the most democratic state in the world (for the proletariat of course), it was instead an inefficient bureaucracy ruled by one total leader.

[Leonid Brezhnev]

I think that it is a vey good socialist constitution that every new socialist state should be based in the future but there is some things in this constitution that put in danger the entire socialist state.

A15: In foreign relations, the People's Socialist Republic of Albania
proceeds from the principles of Marxism-Leninism and proletarian
internationalism, follows the policy of friendship, collaboration,
and mutual assistance with the Socialist states, supports the
revolutionary movement of the working class and the struggle of the
people's for freedom, independence, social progress and socialism and
relies on their solidarity. The People's Socilaist Republic of
Albania is for peace and good naieghbourliness, for relations with
all states on the basis of equality, respect for sovereignity, non-
interference in internal affairs and mutual benefit. The People's
Socialist Republic of Albania opposes any form of aggression,
colonial exploitation, tutelage, dictate and hegemony, national
oppression and racial discrimination of all peoples, the exercise of
full national soverignity and equality of all countries in
international relations.

The A15 needs a lot of attention because it is one of the basic articles of a socialist constitution.In which way it does "supports the revolutionary movement of the working class and the struggle of the people's for freedom, independence, social progress and socialism and relies on their solidarity" ?With other words this article doesnt explain it more and it is vague in this serious matter,in Marxist-Leninist Internationalism.

a87: The state safeguards the victories of the people's revolution
and the socialist construction, defends the freedom, natuional
independence and territorial integrity of the country. The territory
of the people's Socialist Republic of Albania is inalienable and its
borders are inviolable.

The same happens in this article there is nowhere speaking about some revolutionary internationalist actions in order to support the international
revolutionary movement of the working class...

A91: The establishment of foreign military bases and the stationing
of foreign troops in the territory of the people's Socialist republic
of Albania is prohibited.

I dont understand this prohibition,is this prohibition added in 1948 together with the rest of the constitution or it has been added later in the after 1953 era ?

[Tovarish Spetsnaz]

I dont understand this prohibition,is this prohibition added in 1948 together with the rest of the constitution or it has been added later in the after 1953 era ?

What is the purpose of this question??? Why do you think this was added later on???

Stalin NEVER had any intention of setting up military bases in Albania...

was instead an inefficient bureaucracy ruled by one total leader.

hehe...ok...I'll take your word for it Cas.

[Leonid Brezhnev]

What is the purpose of this question??? Why do you think this was added later on???

Stalin NEVER had any intention of setting up military bases in Albania...

Setting military bases sounds very imperialist,I am speaking for Warsaw Pact that signed from Albania in 1955 that allowed for the Red Army to be based in member states and it provided a unified military command and a system of mutual assistance.We all know that after Stalin's death and Nikita Krushchev's "secret speech" denouncing him, Hoxha and the PLA broke with the Soviet Union and Warsaw Pact and came closer to Maoist China.I dont understand if this law is of 1948,if it is,it doesnt include Warsaw Pact that created later,or if it is a after 1953 era law that added after the broke with the Warsaw Pact.

[Tovarish Spetsnaz]

Warsaw Pact did not mean that the USSR could base troops anywhere it wanted...not at all...it was a military alliance.

And Albania broke from the Warsaw Pact only in 1968...in response to the invasion of Czechoslovakia...

[B. H.]

Tovarish,


You were truly lucky to live in a land as great and just as Socialist Albania.

Since the USSR fell apart and China sold out to the cappies, I fear for the rest of the world. I expect the US will return to living standards that existed before the Depression and that the whole world, US included, will become rich or poor---no real middle class between the two.

[Leonid Brezhnev]

Warsaw Pact did not mean that the USSR could base troops anywhere it wanted...not at all...it was a military alliance.

I know but that it doesnt meant that USSR couldnt put troops in specific places because of the Warsaw Pact...

And Albania broke from the Warsaw Pact only in 1968...in response to the invasion of Czechoslovakia...

Maybe then it is a 1968 law in order to protect the country from revisionism that maybe in the future would want to make Albania to sign a new military agreement with socio-imperialist USSR.